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> the harder they troll, the more obviously broken the system will be, and the more likely it is to get fixed

You're betting that the fix won't be to do something that effectively restricts patent protection to a fixed number of companies, maybe restricting patent litigation to those companies in a patent collective that, no, you can't join.



It already does that, and I don't discount that it could actually get worse instead of getting better. However, I am an optimist.

(Assuming you have a legitimate patent). Can you personally realistically sue Microsoft for patent infringement and win? No. Can a small company? No.

Why? Because the litigation would bankrupt anyone without Microsoft's coffers, and Microsoft can likely afford a better lawyer than you can anyway.

(I recall there was a movie a few years back about the guy who invented intermittent wipers and had them basically stolen by the Detroit auto-industry, it gives an interesting perspective on the matter. Basically, fighting the auto-companies ruined his life, ended his productivity as an inventor, and bankrupted him. By the time he was rewarded for his invention, he was old).

So, it is already a one way street in that regard, with the exception of patent trolls, who are large entities with lots of money which actually have the ability to sue the likes of Microsoft and Google and have a realistic chance of winning.

It should also not be discounted that patent trolls exist on the same time-scale as megacorps (potentially immortal), where as humans are extremely feeble and limited in their life-spans (last time I checked).

I'm getting very devil's advocatey here, as I really think software patents are a bad idea, in general. Copyright is already enough protection for software, patents just give entrenched entities a big bunker to hurl grenades from.




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